Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, allowing the petitioner to approach the Collector for a reasoned order under law.
Summary
Petitioner Pappu Kumar filed a writ petition seeking a mandamus directing the State authorities to remove an encroachment of a public Kachhi road constructed over his private land without any map, DPR, demarcation or his consent. He alleged that the road was built illegally on his land in Mauza‑Banauli, Darbhanga. The petitioner argued that he should approach the Collector (District Magistrate) for redressal. The State counsel raised no objection to this approach. The Court held that the petitioner may approach the Collector, who is required to pass a reasoned order in accordance with law, and disposed of the writ petition accordingly.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus directing removal of the encroaching public road.
- Whether the petitioner should approach the Collector for redressal of the grievance.
Subjects
- encroachment
- public road
- mandamus
- land rights
- administrative law
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6012 of 2026
======================================================
Pappu Kumar Son of Yougendra Singh, Resident of Village- Banauli, P.S.-
Simri, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Revenue Department
Patna, Bihar.
2. The District Magistrate, Darbhanga.
3. The Sub Divisional Magistrate, Darbhanga.
4. The Circle Officer, Singhwara Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Choudhary, Advocate
For the Respondent/s : Mr. Government Pleader (02)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-05-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“(i) For issuance of appropriate writ in
nature of Mandamus commanding the respondent
authorities to remove the encroachment from
private land whereby where under constructed
public Kachhi road (dirt track) pass away on the
petitioner land without Map or DPR or
demarcation as well as also without
consent/consideration of land title holder (the
Petitioner) aforementioned land situated at Mauza-
Patna High Court CWJC No.6012 of 2026(2) dt.04-05-2026
2/2
Banauli, Thana no. 148, Khata no. 787, Keshra no.
2620 (old) area 34 dismal under block Singhwara,
district Darbhanga, Bihar.
(ii) For any other relief or reliefs as your
lordships may deem fit and proper in the facts and
circumstances of the case.”
3. After some arguments, learned counsel for the
petitioner submits that he shall be approaching the respondent
no. 2, the Collector, Darbhanga for the redressal of the
grievance.
4. Learned State counsel has no objection to it.
5. In that background, the writ petition stands
disposed of allowing the petitioner to approach the aforesaid
authority who shall be passing a reasoned order in accordance
with law.
(Rajiv Roy, J)
Adnan/-
U
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